Opinion
No. CIV S-06-1950 LKK DAD P.
February 5, 2007
ORDER
Petitioner, a state prisoner proceeding pro se, seeks to appeal this court's December 21, 2006 dismissal of his application for a writ of habeas corpus. Before petitioner can appeal the decision, a certificate of appealability must issue. See 28 U.S.C. § 2253(c); Fed.R.App.P. 22(b).
A certificate of appealability may issue under 28 U.S.C. § 2253 "only if the applicant has made a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2). This court must either issue a certificate of appealability indicating which issues made the required showing or state the reasons why such a certificate should not issue. Fed.R.App.P. 22(b).
In this case, petitioner filed a document that purported to be a petition for writ of habeas corpus. The document was captioned for filing in a state court and challenged conditions of confinement. A previously filed civil rights action challenging the conditions of petitioner's confinement was pending in this court. In addition, a previously filed habeas action challenging petitioner's 2005 conviction was also pending in this court. Petitioner's defective application for leave to proceed in forma pauperis was disregarded, and this action was summarily dismissed without prejudice as duplicative of other actions pending in this court.
Petitioner has not made a substantial showing of the denial of any constitutional right. Accordingly, a certificate of appealability should not issue in this action.
IT IS SO ORDERED.